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by site-packages1
1514 days ago
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In these cases the remedies are usually either specific performance or monetary compensation. Specific performance is when they enforce the contract to its terms, which would be the transfer of the domain, and this remedy is usually used in cases where the thing being sold is unique. Real property sale is usually specific performance under the theory that any piece of land is totally unique (there is some debate about whether this should be the case, two farm properties in Nebraska are probably similar enough, whereas two oceanfront properties in California maybe not). I would argue that a domain name is unique enough that specific performance would be the remedy, after all there is and can only be one wormhole.com. The other remedy would be some sort of monetary damages. I would say that would be something like whatever it costs to purchase a comparable domain, but it would be really hard to decide on what a comparable domain is. Another remedy would be damages, like you said, but what are damages here? Probably nothing, so even if Jump won it would just be symbolic under that theory. |
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